DETAILED ACTION
Response to Amendment
The Amendment filed on January 22, 2026 has been entered. Claims 1-21 remain pending in the application. Applicant’s amendments to the Claims have overcome each and every objection and 112(b) and 102(a)(2) rejections previously set forth in the Non-Final Office Action mailed on October 22, 2025. However, Applicant’s amendments to the Claims have necessitated new grounds of rejection.
Claim Objections
Claim 5 is objected to because of the following informalities:
“with drive” in line 21 should read “with the drive”.
“the buildup” in line 24 should read “buildup”.
“due to” in line 24 should read “caused by”.
Claim 20 is objected to because of the following informality: “parallel to and” in line 2 should be omitted (because this limitation is redundant since it was previously recited in lines 28-29 of claim 1 that that longitudinal axis of the drive cylinder is parallel to the longitudinal axis of the compression cylinder).
Claim 21 is objected to because of the following informality: “to pressure” in line 6 should read “to the pressure”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 17-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Weber et al. (US 2019/0143498), hereinafter Weber.
Regarding claim 1, Weber discloses a fastening tool (10 in Figure 2) comprising:
a housing (18 in Figure 6A);
a nosepiece assembly (160 in Figure 6A) connected with the housing (18) and including a fastener drive track (the space inside 160, which is visible in Figure 2) having a drive axis (the vertical axis passing through the center of 160 in Figure 2, along which driver blade 42 moves) (apparent from Figure 2, Paragraph 0053);
a magazine assembly (14 in Figure 2) for feeding a number of fasteners (fasteners 164 in Figure 7B) successively along a fastener channel (the passage in the right side of 160 in Figure 2, through which fasteners 164 move from magazine 14 toward the drive axis of nosepiece 160) of the fastener drive track (the space inside 160) (clear when Paragraph 0053 and Figure 2 are considered together);
a driver member (42 in Figure 2) provided in the housing (18) and configured for movement along the drive axis (the vertical axis passing through the center of 160 in Figure 2) to drive a lead fastener (the fastener 164 which is aligned with the drive axis) into a workpiece (Paragraph 0037 and 0047);
a motor (54 in Figure 2) disposed in the housing (18) (Paragraph 0038);
a power source (34 in Figure 2) configured to provide power to the motor (54) (Paragraphs 0036, 0051, and 0052);
a controller (136 in Figure 5A) disposed in the housing (18) and configured to control a supply of power from the power source (34) to the motor (54) and to initiate a drive cycle (clear when Paragraphs 0051 and 0037 are considered together);
a compression cylinder assembly (30 in Figure 2) disposed in the housing (18) (Paragraph 0036), the compression cylinder assembly (30) comprising a compression cylinder (46 in Figures 2-4B) and a piston (50 in Figures 2-3F) that is configured to travel between at least two positions (the position shown in Figure 3B and the position shown in Figure 3D) in the compression cylinder (46) (Paragraphs 0043, 0044, 0037, and 0039);
a drive assembly (68 in Figure 2) operatively connected to the motor (54) (Paragraph 0037), the drive assembly (68) operatively connected to the piston (50) to facilitate the travel of the piston (50) in the compression cylinder (46) (Paragraph 0037);
a drive cylinder (66 in Figures 2-4B) disposed in the housing (18) (apparent from Figure 2), the driver member (42) at least partially disposed within the drive cylinder (66) for movement along the drive axis (the vertical axis passing through the center of 160 in Figure 2) (Paragraph 0039, clear from Figure 2), the drive cylinder (66) being operatively connected with the compression cylinder (46) (apparent from Figures 2-3E); and
a valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively in Figure 3A) operatively connected with the drive cylinder (66) and the compression cylinder (46) (apparent from Figure 3A),
wherein the piston (50) is configured to engage with and open the valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively) to release buildup of air in the compression cylinder (46), caused by the travel of the piston (50) between the at least two positions (the position shown in Figure 3B and the position shown in Figure 3D) in the compression cylinder (46), to the drive cylinder (66) so as to move the driver member (42) along the drive axis (the vertical axis passing through the center of 160 in Figure 2) to drive the lead fastener (the fastener 164 which is aligned with the drive axis) into the workpiece (Paragraphs 0043-0047), and
wherein the drive cylinder (66) is positioned such that a longitudinal axis of the drive cylinder (66) is parallel to a longitudinal axis of the compression cylinder (46) (apparent from Figures 2-3F).
Regarding claim 2, Weber discloses that the valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively) is a piston position biased release valve assembly (clear from Figures 3A-3C, Paragraph 0041).
Regarding claim 3, Weber discloses that the valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively) includes a spring (114) and a valve portion (98),
that the spring (114) is configured to bias the valve portion (98) to close the valve assembly (Paragraphs 0041, 0045, and 0048), and
that the piston (50) is configured to engage with and force the valve portion (98), against the bias of the spring (114), to open the valve assembly (apparent when Figure 3C is viewed in relation to Figure 3D, Paragraphs 0044 and 0046).
Regarding claim 4, Weber discloses that the valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively) comprises a valve stem (98), a valve stem spring (114), a valve insert (110), an end cap (92), and an O-ring (82A), and
that the valve stem spring (114) is configured to bias the valve stem (98) towards the O-ring (82A) and the valve insert (110) to close the valve assembly (clear when Figure 3A and Paragraph 0041 are considered together).
Regarding claim 17, Weber discloses a method of operating a fastening tool (10 in Figure 2), the fastening tool (10) comprising a housing (18 in Figure 6A); a nosepiece assembly (160 in Figure 6A) connected with the housing (18) and including a fastener drive track (the space inside 160, which is visible in Figure 2) having a drive axis (the vertical axis passing through the center of 160 in Figure 2, along which driver blade 42 moves) (apparent from Figure 2, Paragraph 0053); a magazine assembly (14 in Figure 2) for feeding a number of fasteners (fasteners 164 in Figure 7B) successively along a fastener channel (the passage in the right side of 160 in Figure 2, through which fasteners 164 move from magazine 14 toward the drive axis of nosepiece 160) of the fastener drive track (the space inside 160) (clear when Paragraph 0053 and Figure 2 are considered together); a driver member (42 in Figure 2) provided in the housing (18) and configured for movement along the drive axis (the vertical axis passing through the center of 160 in Figure 2) to drive a lead fastener (the fastener 164 which is aligned with the drive axis) into a workpiece (Paragraph 0037 and 0047); a motor (54 in Figure 2) disposed in the housing (18) (Paragraph 0038); a power source (34 in Figure 2) configured to provide power to the motor (54) (Paragraphs 0036, 0051, and 0052); a controller (136 in Figure 5A) disposed in the housing (18) and configured to control a supply of power from the power source (34) to the motor (54) and to initiate a drive cycle (clear when Paragraphs 0051 and 0037 are considered together); a compression cylinder assembly (30 in Figure 2) disposed in the housing (18) (Paragraph 0036), the compression cylinder assembly (30) comprising a compression cylinder (46 in Figures 2-4B) and a piston (50 in Figures 2-3F) that is configured to travel between at least two positions (the position shown in Figure 3B and the position shown in Figure 3D) in the compression cylinder (46) (Paragraphs 0043, 0044, 0037, and 0039); a drive assembly (68 in Figure 2) operatively connected to the motor (54) (Paragraph 0037), the drive assembly (68) operatively connected to the piston (50) to facilitate the travel of the piston (50) in the compression cylinder (46) (Paragraph 0037); a drive cylinder (66 in Figures 2-4B) disposed in the housing (18) (apparent from Figure 2), the driver member (42) at least partially disposed within the drive cylinder (66) for movement along the drive axis (the vertical axis passing through the center of 160 in Figure 2) (Paragraph 0039, clear from Figure 2), the drive cylinder (66) being operatively connected with the compression cylinder (46) (apparent from Figures 2-3E); and a valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively in Figure 3A) operatively connected with the drive cylinder (66) and the compression cylinder (46) (apparent from Figure 3A), the method comprising:
actuating the drive assembly (68) to move the piston (50) to travel between the at least two positions (the position shown in Figure 3B and the position shown in Figure 3D) in the compression cylinder (46) along a longitudinal axis of the compression cylinder (46) (clear when Paragraphs 0037 and 0044 are considered together),
wherein the longitudinal axis of the compression cylinder (46) is parallel to a longitudinal axis of the drive cylinder (66) (apparent from Figures 2-3F); and
engaging the piston (50) with the valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively) to open the valve assembly and to release buildup of air in the compression cylinder (46), caused by the travel of the piston (50) between the at least two positions (the position shown in Figure 3B and the position shown in Figure 3D) in the compression cylinder (46), to the drive cylinder (66) so as to move the driver member (42) along the drive axis (the vertical axis passing through the center of 160 in Figure 2) to drive the lead fastener (the fastener 164 which is aligned with the drive axis) into the workpiece (Paragraphs 0043-0047).
Regarding claim 18, Weber discloses that the drive cylinder (66) is disposed inside the compression cylinder (46) (apparent from Figures 2-3F).
Regarding claim 19, Weber discloses that the piston (50) is configured to surround the drive cylinder (66) (apparent from Figures 2-3F, Paragraph 0039).
Regarding claim 20, Weber discloses that the drive cylinder (66) is positioned such that the longitudinal axis of the drive cylinder (66) is parallel to and spaced apart from the longitudinal axis of the compression cylinder (46) (apparent from Figures 2-3F).
Regarding claim 21, Weber discloses that, during a compression cycle, the piston (50) is driven by the drive assembly (68) from a bottom dead center position (the position shown in Figure 3B) toward a top dead center position (the position shown in Figure 3D) to increase pressure in the compression cylinder (46) while the valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively) remains closed (Paragraph 0044), and that the valve assembly (98, 110, 92, 114, 82A, 82B, 86, and 97 collectively) remains closed during compression of air in the compression cylinder (46) and is opened responsive to pressure in the compression cylinder (46) exceeding a bias of the valve assembly (Paragraphs 0046 and 0044).
Allowable Subject Matter
Claims 5-16 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claim 5, the closest prior art reference, Weber et al. (US 2019/0143498), hereinafter Weber, discloses all the limitations of pending claim 4 (see 102(a)(2) rejection of claim 4 above), which limitations include the limitations in lines 1-30 of pending claim 5. Weber further discloses that the valve stem (98) has a first surface (rightmost surface of 104 in Figure 3A) and an opposing second surface (leftmost surface of 102 in Figure 3A) (apparent from Figure 3A).
However, Weber, taken alone or in combination with the prior art as a whole and legal precedence, fails to teach or render obvious the following combination of limitations: wherein the valve stem also includes a base portion and two valve stem portions extending from the base portion, and wherein the valve insert two openings configured to receive the two valve stem portions of the valve stem respectively therein.
Regarding claims 6-16, they are indicated as being allowable solely because they depend from claim 5 which is allowed as explained above.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Response to Arguments
Applicant’s arguments with respect to claims 1-4 and 17-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/TANZIM IMAM/Primary Examiner, Art Unit 3731
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